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Casey Anthony’s defense worked for their turkey this Thanksgiving

November 30, 2009

Casey Anthony’s defense team worked for their turkey this year.   Just before court closed for the holiday they managed to slip in 10  new motions.

Is there anything of interest in these motions? Some of the issues to be addressed:  The unconstitutionality of the death penalty in Florida,  deeming some of the jury instructions unconstitutional, and a “Statement of Particulars” from the State.

According to Richard Hornsby in a response to a commenter at his post below,

http://blog.richardhornsby.com/2009/11/26/judge-karen-this-turkey-is-no-expert/#comments

See Comment Response  #18 on November 28th, at 13:37

the motions are standard ones filed in death penalty cases.  He says, “The Statement of Particulars”, “6.)  11/25/2009 Motion (Defendant’s) for a Statement of Particulars Providing Notice of Aggravating Circumstance” should have been requested a long time ago, and it would provide a look at why the State has charged Casey Anthony with 1st degree murder.

Richard Hornsby, your expertise as a Florida defense attorney is, and I hope will continue to be a great help  in  explaining (in layman’s terms)  the legal aspects of  Casey Anthony’s upcoming trials.  In spite of your busy schedule, you have generously stated that you will respond personally to any substantive question about this case, and you have made a real effort to do just that.  I, for one, say thanks! 🙂

Here are the motions:

1.) 11/25/2009 Motion to Declare Florida Statute Section 921.141 Unconstitutional Under Ring vs. Arizona

———11/25/2009 Memorandum of Law in Support of Defendant’s Motion to Declare Florida Statute 921.141 Unconstitutional Under Ring vs. Arizona

2.)–11/25/2009 Motion to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury Instruction Unconstitutional Facially and as Applied

——–11/25/2009 Memorandum Supporting Motion to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury instruction Unconstitutional Facially and as Applied


3.) 11/25/2009 Motion to Declare Section 921.141(5)(d) Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application at Bar

——–11/25/2009 Memorandum of Law in Support of Defendant’s Motion to Declare Section 921.141(5)(d) Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application at Bar

4.) 11/25/2009 Motion to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case

———11/25/2009 Memorandum of Law in Support of Motion to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case

5.) 11/25/2009 Motion to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar

———11/25/2009 Memorandum of Law in Support of Defendant’s Motion to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar

6.) 11/25/2009 Motion (Defendant’s) for a Statement of Particulars Providing Notice of Aggravating Circumstance

——–11/25/2009 Memorandum of Law in Support of Defendant’s Motion for a Statement of Particulars Providing Notice of Aggravating Circumstances

————--11/25/2009 Other Table of Exhibits in Support of Defendant’s Motion for a Statement of Particulars Providing Notice of Aggravating Factors

——–11/25/2009 Memorandum of Law in Support of Defendant’s Objection to the Standard Jury Instruction on Reasonable Doubt

———-—-11/25/2009 Objection Written Objection to the Standard Jury Instruction on Reasonable Doubt

——————–11/25/2009 Other Table of Exhibits for Defendant’s Written Objection to the Standard Jury Instruction on Reasonable Doubt

7.) 11/25/2009 Motion to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority)

———-11/25/2009 Memorandum of Law in Support of Motion to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority)

8.) 11/25/2009 Motion to Declare 921.141 Florida Statutes Unconstitutional Because it Improperly Shifts Burdens of Proof to the Defendant, Thereby Creating a Presumption of Death

9.)11/25/2009 Motion to Prohibit any Reference to the Jury’s Role at the Penalty Phase Being ‘Advisory’ or to the Jury’s Penalty Verdict as Being a ‘Recommendation’

——–11/25/2009 Memorandum of Law in Support of Defendant’s Motion to Prohibit any Reference to the Jury’s Role at the Penalty Phase as Being ‘Advisory’ or to the Jury’s Penalty Verdict as Being a ‘Recommendation’

——————-11/25/2009  Exhibit(s) in Support of Motion to Prohibit any Reference to the Jury’s Role at the Penalty Phase Being ‘Advisory’ or to the Jury’s Penalty Verdict as Being a ‘Recommendation’

11/25/2009 Motion to Declare Florida Statute 921.141 Unconstitutional Due to its Failure to Narrow the Scope of the Death Penalty

————-11/25/2009 Memorandum of Law in Support of Motion to Declare Florida Statute 921.141 Unconstitutional Due to its Failure to Narrow the Scope of the Death Penalty

10.) 11/25/2009 Motion for Jury Instructions Correctly Defining “Premeditation”

———–—11/25/2009 Memorandum Accompanying Motion for Jury Instructions Correctly Defining “Premeditation”

______________________________________________________________

12/11/2009 Hearing-9:30 AM for Protective Order Motion to Strike Notice of Deposition and Motion

1/21/2010 Hearing 10:00 AM status/ pretrial

_____________________________________________________________

I’ll add links to the actual motions as soon as they are available.

From:

http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6236234

search by: “case”

enter case #:  2008-CF-015606-A-O

22 Comments leave one →
  1. Spacely permalink
    November 30, 2009 1:15 pm

    Ain’t it great that the Thanksgiving holiday falls so closely to the end of another college semester, the perfect time to require the submission of term papers and projects?

    Wouldn’t it be awesome if you had a couple of classes full of students turning in a hundred motions on all aspects of your current defense case?

    How could anyone not be impressed with your diligence as a fabulous attorney if you filed a bunch, like 10, of them at once?

    In the immortal sentiments of a defender of the not-so-innocent-but-couldn’t-we-just-let-em-live-anyway, if only she could have done in her bro and parents too, there wouldn’t be all this evidence… and there is nothing more unconstitutional than evidence… especially if it shows you did it…

  2. itsamysterytome permalink*
    November 30, 2009 1:18 pm

    Spacely,

    I’m laughing, but you are probably right about Andrea getting lots of “help”.

  3. Spacely permalink
    November 30, 2009 1:26 pm

    Source: Fly on the wall

    Transcript as follows:

    “Hey, Jose, what exactly are the particulars as to why the prosecution is now seeking the death penalty?”

    “Umm, not sure I am following what you are asking there, Andrea… the what as to why?”

    “The prosecution noticed you they are seeking the death penalty. They are required to have specific reasons. You request a Statement of Particulars Providing Notice of Aggravating Circumstance so we know how to defend.”

    “Umm… still not following. I have been providing Statements of Aggravation to the press since the day this case started.”

    “No, no, no! Let me make this simple. Did you or did you not request the Statement?”

    “You are going to have to slow way down for me. Don’t forget this is my first case… I mean my first death case… I didn’t quite understand everything you just said.”

    “OK, then how can I clarify? What part did you not understand?”

    “What exactly is a ‘particulars’? And which case are we talking about? I have so many. And why do I care if someone got aggravated by their circumcision?”

    😆

  4. ostella permalink
    November 30, 2009 1:27 pm

    It seems like The Lyon expects to dismantle Florida Law, and then rewrite it to accomodate not only Casey, but her own anti death penalty agenda. Ridiculous.

    Yep, her hidden agenda is showing.

  5. November 30, 2009 4:06 pm

    I think Andrea Lyons stradegy will be to “wear everybody down” with her constant theatrics and ridiculous claims. After enduring her babbling for about an hour, I think I would rather jump off a roof. She bores me, and I lose interest fast when she has the floor.

  6. motherclucker permalink
    November 30, 2009 6:08 pm

    Ostella, you took the words right out of my mouth! And Diana, I am with you on the babbling, ridiculous, boring theatrics and claims. Hey Spacely, you are right on, too! Looks like more motions to keep everything in stall status. No wonder Andrea Lyons thinks the trial won’t start in October. By the time they get through hearing all these ridiculous motions, it will be 2011 before her stupid trial starts..sheesh!

    Hi, motherclucker! Wonder if they are going for the Guinness Book of World Records with all the motions?

  7. December 1, 2009 9:11 am

    Hi ya Mystery! I am wondering if the defense team is aware that it is unconstitutional to murder a child in any state! I am rather tired of the defense team, and if Casey is so INNOCENT as they say, then they shouldn’t have any problem with getting her off the hook. Of course they have no evidence she is innocent except her word, and her words don’t hold any truth!

    I’m with ya, Humble. Sick to death of the defense and we’re still a long way from trial.

  8. December 1, 2009 9:12 am

    Diana, I am with you! She is boring. 😆

  9. Hadley permalink
    December 1, 2009 1:24 pm

    Mystery,
    Thanks for giving us Mr. Hornsby’s blog. I was very, very impressed with everything he had to say. I usually only read Bill Shaeffer, but was equally impressed with Mr. Hornsby. Tks. again. Love your blog!It’s great!
    H.

    I actually prefer Richard’s blog to Bill’s when he isn’t bashing Bill. He also tries to respond to individual questions.

  10. Hadley permalink
    December 1, 2009 1:27 pm

    Hi Humble!
    I love your blog too! You, Mystery and Niecey are my favorites…by far.
    H.

    And you know we love you, too, Hadley!!!!

  11. Hadley permalink
    December 1, 2009 1:34 pm

    In case you all didn’t know, cops just shot and killed the slimey scum that shot and killed 4 young policemen! Yea!(who knows, Andrea Lyons would probably try to get him paroled!)

    It just breaks my heart to think of the little children that will not have their Daddys home for Christmas this year, or ever. It’s so final, and my heart aches for them.

    What a tragedy that was. What’s so scary to me is that these kinds of people are out roaming the streets. There was nothing those policeman could have done to save themselves. There was no warning. We are all vulnerable and at the mercy of every nut that should be incarcerated and isn’t because they slipped through the cracks.

  12. December 1, 2009 4:18 pm

    I am so sick of jose trying to get people to think that casey is innocent. the whole world knows she killed her daughter so she could go whoring around. how much plainer does it need to get? would jose fight so hard for innocence if it was his little girl who was killed? and all these idiots that send her money and think she is innocent, would you do the same if it was YOUR child? would you fight so hard to get the killer off free? think about it, how much more proof do you need? casey deserves to DIE. maybe in heaven she can explain to caley why she thought more of whoring around than taking care of her like she should have been. probably not though, because she is a selfish, lying, murdering, BITCH.

    I’m sure that if you asked him, Jose would say he’s just doing his job. It’s sure not a job I’d be interested in doing. And I doubt he’d be doing it if he didn’t have so many “perks”. National exposure at the level he’s been getting can’t be bought.

  13. Jill from Western Australia permalink
    December 2, 2009 5:32 am

    Hiya my l♥velies 😆

    Richard Hornsby’s views as per the Examiner on the 1st December.

    http://www.examiner.com/x-23328-True-Crime-Examiner~y2009m12d1-Casey-Anthony-will-cash-cow-Casey-cash-it-in-sounds-off-in-exclusive-interview

    Hugs ♥♥♥

    Interesting, Jill! Richard Hornsby has become the “go to” guy. I check his blog first every morning.

  14. mikka permalink
    December 2, 2009 12:29 pm

    December 11 for motion hearings.

    Judge Strickland will hear four motions in the State vs. Casey Anthony case beginning at 9:30 a.m.:

    Motion to preclude the death penalty procedures
    Motion for a protective order prohibiting Orange County Jail from videotaping attorney visits
    Motion for a protective order directing Orange County Jail to destroy videos of family visits
    Motion to dismiss counts 1,2, 4, 5, 7, 8 10, 11, 13 for violation of double jeopardy clause

    Anthony’s lawyers filed the motions saying there isn’t enough information in the murder indictment for Anthony to defend herself so they want it thrown out. They are also trying to get the check fraud case dropped too claiming double jeopardy because she faces several counts of basically the same charge.

    I’ve got the date marked on my calendar, mikka! Looking forward to watching the judge beat the gavel and say, “Denied! Denied! Denied!”

  15. December 3, 2009 9:25 am

    Hi ya Hadley! 😉

    Mystery, wonder what they will be doing for their Christmas goose!?
    I do hope that 11 December bring us all a Christmas gift that all Motions are denied….

    Oh, I’d say they’ve had their goose cooked for a while now. 😉

  16. itsamysterytome permalink*
    December 3, 2009 12:34 pm

    Hey! Answered within the comment boxes. Sorry! Been a little under the weather.

  17. Spacely permalink
    December 3, 2009 2:05 pm

    Mystery,

    Here is a little bit of that Florida news that I know you love so much:

    http://www.wpbf.com/news/21798750/detail.html

    This may explain why no one in the Haleigh case ever ends up STAYING in jail…

    …or perhaps the line you must cross to go from offender to REPEAT offender is 36 or 127 or 512…

  18. copper permalink
    December 8, 2009 6:29 am

    I have been away from the casey anthony case for many reasons for awhile now.. What is going on with her and that Dream Team of hers these days ?
    By the way Mystery, I hope youre feeling better!

  19. itsamysterytome permalink*
    December 9, 2009 11:27 pm

    Wow, spacely! 33 times! I love it! lol (although I think there ought to be some sort of limit to how many get out of jail free cards any one person is entitled to.)

  20. itsamysterytome permalink*
    December 9, 2009 11:30 pm

    copper–they are back in court December 11 for the fraud trial pre-hearing at 9:30 AM ET. (A year to the day after Caylee’s remains were found) I assume we’ll be able to “tune in”.

    And thank you, Copper, I am on the mend.

  21. copper permalink
    December 10, 2009 7:57 pm

    Glad to hear your on the mend Mystery !!! Mended will be better tho , speedy recovery. Wonder if this will be the last court appearance for CMA jr. and Dreamers before the big one in Jan ?

  22. itsamysterytome permalink*
    December 10, 2009 10:02 pm

    Thanks, copper

    I don’t know if it will be Casey’s last appearance–Looking forward to seeing George and Cindy on the stand–wonder if they will be as obnoxious as they were to ZG’s attorneys.

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